Loading...
Official

The writs of execution under the case of Onik Gasparyan do not imply compulsory enforcement

19.03.2021
The writs of execution under the case of Onik Gasparyan do not imply compulsory enforcement

Taking into consideration the public interest in and the several inquiries of journalists about the enforcement proceedings based on the writs of execution that the Compulsory Enforcement Service received in regard to securing of claim applied for Administrative Case No VD/2014/05/21 in the proceedings of the Administrative Court and regarding Onik Gasparyan, the Compulsory Enforcement Service informs that, upon the decision of a compulsory enforcement officer of 19 March 2021, the specified writs of execution have been returned to the Administrative Court because, as they do not imply compulsory enforcement and do not contain a part that is subject to enforcement in the final part of the judicial act, thus they do not comply with the requirements of part 1 of Article 21 of the Law of the Republic of Armenia “On compulsory enforcement of judicial acts”.

With a view to ruling out future speculations, the Service clarifies that the judicial act on recognizing the existence or absence of any legal relation or legal fact itself does not imply compulsory enforcement so long as the writ of execution does not contain an indication on forcing the debtor to perform certain actions or to refrain from performing certain actions.

The Law of the Republic of Armenia “On compulsory enforcement of judicial acts” does not provide for measures for compulsory enforcement of writs of execution for recognizing the existence or absence of legal relation.